Brussels, September 20, 2005
Montagnard refugees forcibly deported back to Vietnam from Cambodia without
any interventions of the UNHCR.
In view of the fact that according to the Montagnard Foundation, Human Rights
Watch and several international press agencies:
- on 20 July 2005, Cambodian authorities forcibly deported 101 Montagnards
back to Vietnam while UNHCR stood by and in the context of the total lack of
standing observers monitoring their conditions in Vietnam;
- State Department Deputy Spokesman Adam Ereli stated on the same day that "we
have raised U.S. objections to this involuntary repatriation with both the
governments of Cambodia and Vietnam. We are disappointed that these individuals
were repatriated before an internationally-staffed monitoring program was in
place in the Central Highlands of Vietnam and before other solutions could
be considered for these individuals."
- Human Rights Watch has documented that “the asylum seekers were seated
together gripping each others' arms, to avoid being taken away. Eyewitnesses
said that the Montagnards at no time acted violently and that they merely attempted
to passively resist instructions to board the buses. The police began to use
batons to beat the asylum seekers. They dragged people out in several cases
by their hair, and pushed them on to buses”. Human Rights Watch reminded
that this episode violates an agreement Cambodia signed with UNHCR and Vietnam
in January 2005. The agreement provides for the return to Vietnam of recognized
Montagnard refugees who refuse to resettle abroad. It also provides for the
return of Montagnard asylum seekers whose refugee claims have been rejected
by UNHCR. It provides that UNHCR will work with the governments of Cambodia
and Vietnam to “bring back (to Vietnam) in an orderly and safe fashion” and “in
conformity with national and international law” those Montagnards who
do not agree to either resettle abroad or return to Vietnam.
Can the Commission say:
- whether it is aware of the facts described above and, if so, what steps
it eventually intends take after years of fruitless concrete solicitations
by several MEPs;
- whether the facts described above continue to contravene more seriously
and with impunity article 1 of the co-operation agreements signed between the
Commission and Cambodia and Vietnam;
- whether a substantial violation of the own EU legality is thus determined
or not.
